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The ‘’Non-Competition Agreement’’ violates the rights of employees

The ‘’Non-Competition Agreement’’ violates the rights of employees

LEGAL DIGEST, NEWS \ 20.12.2017

The Ministry for Labor of Russia expressed its opinion on the eligibility of signing the “Agreement on Non-Competition”

The essence of this agreement is that the employee undertakes an obligation within a certain time period following the resignation not to be employed in organizations that are competitors to his/her former employer. As it has been pointed out by the Agency’s experts, the applicable Federal Laws do not provide for the possibility of signing such an agreement. According to the Constitution of the Russian Federation, labor is free, and the Labor Code enforces a ban on employment contracts that include provision limiting the rights of workers. Thus, even if a non-competition provision is included in the employment contract, it is not to be enforced as contradicting the Labor Law and restricting the rights of the employee.

The Acsour Lawyers are ready to provide you with information on the enforcement of the norms of the labor legislation of the Russian Federation in practice.

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